Five rules for effective debriefings
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five rules for effective debriefings. NCMA Winter Education Conference March 1, 2o12. 5 General Rules. Get a “required” debriefing Know the limited information available Understand the Government’s mindset Can a debriefing lead to winning the “lost” contract?

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Five rules for effective debriefings
five rules for effective debriefings

NCMA Winter Education Conference

March 1, 2o12


5 general rules
5 General Rules

  • Get a “required” debriefing

  • Know the limited information available

  • Understand the Government’s mindset

  • Can a debriefing lead to winning the “lost” contract?

  • Be a “good contractor,” not an adversary


Rule 1 get a required debriefing
Rule 1Get a “required” debriefing

  • “The 3-day turn-around” rule

  • Post-award notice starts the clock

  • Miss the deadline?

BERENZWEIG LEONARD LLP


3 day turnaround
3-Day turnaround

  • FAR 15.506(a)(1):

  • An offeror, upon its written request received by the agency within 3 days after the date on which offeror has received notification of contract award in accordance with 15.503(b), shall be debriefed…

BERENZWEIG LEONARD LLP


Pre award debriefing
Pre-award debriefing

  • Pre-award debriefing

    • FAR 15.505

    • 3-day rule

  • Postpone it?

BERENZWEIG LEONARD LLP


Post award notice
Post-award notice

  • FAR 15.503(b) Post-award notices.

  • (1) Within 3 days after the date of contract award, the contracting officer shall provide written notification to each offeror whose proposal was in the competitive range but was not selected for award or had not been previously notified under paragraph (a) of this section.


Rule 2 know the limited information available
Rule 2: Know the limited information available

  • FAR 15.506(d):

  • At a minimum, the debriefing information shall include—

  • (1) The Government’s evaluation of the significant weaknesses or deficiencies in the offeror’s proposal, if applicable;

  • (2) The overall evaluated cost or price (including unit prices) and technical rating, if applicable, of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror;

  • (3) The overall ranking of all offerors, when any ranking was developed by the agency during the source selection;


Rule 2 know the limited information available1
Rule 2: Know the limited information available

  • FAR 15.506(d):

  • At a minimum, the debriefing information shall include:

  • (4) A summary of the rationale for award;

  • (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror; and

  • (6) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed.

BERENZWEIG LEONARD LLP


Rule 2 know the limited information available2
Rule 2: Know the limited information available

  • What you will NOT get:

  • FAR 15.506(e) The debriefing shall not include point-by-point comparisons of the debriefed offeror’s proposal with those of other offerors. Moreover, the debriefing shall not reveal any information prohibited from disclosure by 24.202 or exempt from release under the Freedom of Information Act (5 U.S.C. 552)…


Rule 2 know the limited information available3
Rule 2: Know the limited information available

  • Know the limited information available

BERENZWEIG LEONARD LLP


Rule 3 understand the government s mindset
Rule 3: Understand the Government’s Mindset

  • The Contracting Officer is:

  • Overworked

  • Committed to the award

  • Risk-adverse


Rule 3 understand the government s mindset1
Rule 3: Understand the Government’s Mindset

  • Understand the Government’s mindset


Rule 4 know the odds of a debriefing leading to winning the lost contract
Rule 4: know The Odds of a Debriefing Leading to Winning the Lost Contract

  • Not all protests are winnable but debriefing information is critical

  • Debriefings on occasion win protests

BERENZWEIG LEONARD LLP


Rule 4 know the odds of a debriefing leading to winning the lost contract1
Rule 4: know The Odds of a Debriefing Leading to Winning the Lost Contract

  • Can a debriefing lead to winning the lost contract?

BERENZWEIG LEONARD LLP


Rule 5 be a good contractor
Rule 5: Be a “Good Contractor”

  • Being “adversarial” is not effective

  • Being a “Good Contractor” is effective

  • Relationship building


Rule 5 be a good contractor1
Rule 5: Be a “Good Contractor”

  • How this changes your approach

    • The letter requesting a debriefing

    • The preparation for the debriefing

    • Your conduct at the debriefing


The 5 rules
The 5 Rules

  • Get a “required” debriefing

  • Know the limited information available

  • Understand the Government’s mindset

  • Can a debriefing lead to winning the “lost” contract ?

  • Be a “good contractor,” not an adversary


Post debriefing issues
Post-debriefing Issues

  • Protest Considerations

  • Relationship Considerations

  • Related Business Considerations

BERENZWEIG LEONARD LLP


BERENZWEIG LEONARD LLP


Thank you
Thank you

  • Seth Berenzweig

  • Terry O’Connor

  • Berenzweig Leonard, LLP

  • 8300 Greensboro Drive, Suite 1250

  • McLean, Virginia 22102

  • (703) 760-0402

  • www.berenzweiglaw.com


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